Immigration Issues/Cancel a green card based on marriage

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Expert: Alexander J. Hay - 7/19/2008

QuestionI married a Chinese lady in 2006. She cheated with another man 3 weeks later when I returned to the US. She also said she had been reduced at her bank and needed me to send $800 per month which I did. I ended up trying to forgive her and she is now in the US with me waiting on her green card. She became very abusive after we had a child. She now is trying to pursue a divorce and has filed an abuse complaint against me. I am wondering what options do I have in these areas. 1) revoking the green card applicaiton 2) divorcing her in China 3) What are the rules for divorcing someone you married in another country.

Thanks for any help,
Ken

AnswerYou seem to be very confused and I advise you to go and talk to an attorney who understands family law and immigration. And when I say you seem to be very confused, I am not talking down to you. Anyone who has gone through, and is going through, the things you are going through would be confused.

First of all, the greencard. If she has not had the visa issued to her, then you can simply send a letter asking them to withdraw the visa. Don't say a word. Don't threaten her. Just do it. If she goes to a divorce lawyer, her lawyer may petition the Divorce Court to force you to proceed with the Petition. I have heard of it done, particularly in California. Also, she may allege abuse in order to get a visa without you. It is an old trick and an exception in the law that allows immigrants married to abusive spouses to still get the visa.

Next, if she is in the USA and you are in the USA, you will need to divorce her in the USA. If you live in China, I suppose you could do that, but you would need to give her notice, and I simply do not know the rules in China regarding residency. I know if you are only a temporary visitor most countries will not allow you to divorce. And even if they do they will not be valid divorces unless both parties agreed, and there were no children. Since she is going to be collecting evidence against you of every harsh word and menacing glance from you as an attack of biblical proportions, you need to start collecting the evidence against her. Write down everything you know. Write a letter to yourself. Do it. You will not be able to recall as time goes by. Defend yourself. Collect a dossier against her.

Next, Child. You said there was a child. Get a DNA test. If it is your child you are going to be paying child support for a long time. That is unless you get custody, and that is unlikely in this world.

Next, you need to view things from her perspective. She is going to try to trap you into doing stupid things. These stupid things will be cause for divorce, and a punitive one. Be smart and calm, and understand that she now has a professional advising her and how to destroy you.

You may want to obtain your own attorney, get your divorce. If she has filed for divorce, YOU NEED AN ATTORNEY. If you live in California God Help You. But you need an attorney. NOW!!!!

Best of luck. Stay calm. Do not talk to her. That is what the attorney is for. Anything you say or do will be used against you.

Alexander J. Hay

Expertise

I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning. If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".

Experience

I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.